History ofHistory ofHuman RightsHuman Rights

in Canadain CanadaFacilitator: Lorne Facilitator: Lorne GushueGushue

2:15 p.m. 2:15 p.m. -- 4:30 p.m.4:30 p.m.IntroductionIntroductionTrue or False?True or False?Survey of Canada’s HR historySurvey of Canada’s HR historyCase StudiesCase StudiesResourcesResourcesConclusionConclusionRemindersReminders

True or False?True or False?Did that really happen?Did that really happen?

Is it still happening?!Is it still happening?!

True or False?True or False?

The federal government sold property owned by Canadian citizens who were being detailed under the War Measures Act – without charges having been laid against them.

True or False?True or False?

There was a campaign to identify and expel suspected homosexuals from government.

True or False?True or False?

Canada granted women the right to vote and be members of government.

True or False?True or False?

In the late 18th century, Aboriginal people were proclaimed to be self-governing, with their own political authority.

What do you know about Canada’s history What do you know about Canada’s history of human rights?of human rights?

Timeline…Timeline…

1763 1763 Indian nations declared selfIndian nations declared self--governing by King George IIIgoverning by King George III

1793 Act to Prevent Further Introduction 1793 Act to Prevent Further Introduction of Slaves and to Limit the Term of Forced of Slaves and to Limit the Term of Forced ServitudeServitude

1832 1832 Lower Canada Bill of Rights accorded Lower Canada Bill of Rights accorded rights and privileges to persons of the Jewish rights and privileges to persons of the Jewish religionreligion

1858 1858 AntiAnti--Slavery Society formed in Toronto. Slavery Society formed in Toronto. Mary AnnMary Ann Shadd Shadd –– first Black journalist in NAfirst Black journalist in NA

1875 1875 first woman in the British Empire graduated first woman in the British Empire graduated with university degree, Mt. Allisonwith university degree, Mt. Allison

1876 Indian Act passed by Parliament1876 Indian Act passed by Parliament

“wards of the Crown”“wards of the Crown”“Looked after and Protected” by Crown“Looked after and Protected” by Crown

1883 Imperial Emancipation Act1883 Imperial Emancipation Act

1885 head tax imposed on immigrants 1885 head tax imposed on immigrants from Chinafrom China

1894 Toronto’s first Black city councilor1894 Toronto’s first Black city councilor

1897 Canada’s first female lawyer1897 Canada’s first female lawyer

1902 Royal Commission on Chinese and 1902 Royal Commission on Chinese and Japanese ImmigrationJapanese Immigration

1914 recent immigrants, aboriginal people 1914 recent immigrants, aboriginal people volunteered to fight in the warvolunteered to fight in the war

1916 Women in Manitoba granted the right 1916 Women in Manitoba granted the right to vote and hold officeto vote and hold office

1919 Immigration policy differentiated between 1919 Immigration policy differentiated between “preferred” and “non“preferred” and “non--preferred” countries of preferred” countries of originorigin

1920 Female citizens over 21 can vote and hold 1920 Female citizens over 21 can vote and hold officeoffice

1929 SCC decided women are not “persons”; no 1929 SCC decided women are not “persons”; no Senate appointments. Overturned by British Senate appointments. Overturned by British Privy CouncilPrivy Council

1930 people of Chinese origin / ancestry allowed 1930 people of Chinese origin / ancestry allowed to buy property outside Chinatown, Vancouverto buy property outside Chinatown, Vancouver

19331933--49 Canada accepted fewer Jewish 49 Canada accepted fewer Jewish refugees than any other Western country (5000)refugees than any other Western country (5000)

1936 Canadian and US Black runners won top 1936 Canadian and US Black runners won top medals at the Berlin Olympicsmedals at the Berlin Olympics

1938 Canada’s first group libel law, MB1938 Canada’s first group libel law, MB

19391939--45 Canadian minorities represented in 45 Canadian minorities represented in armed forcesarmed forces

1940 SCC ruled business owners can 1940 SCC ruled business owners can discriminatediscriminate

1942 War Measures Act used against Japanese 1942 War Measures Act used against Japanese Canadians in response to attacks on PearlCanadians in response to attacks on PearlHarbour Harbour and Hong Kong and Hong Kong

1944 Mackenzie King confirmed no acts of 1944 Mackenzie King confirmed no acts of disloyalty committed by Japanese Canadiansdisloyalty committed by Japanese Canadians

1945 returning Aboriginal and Jewish vets 1945 returning Aboriginal and Jewish vets experienced discriminationexperienced discrimination

UN formedUN formed

Chinese Immigration Act abolishedChinese Immigration Act abolished1946 nation1946 nation--wide protest halted deportation of wide protest halted deportation of Japanese CanadiansJapanese Canadians

1946 Black woman in NS wins case against 1946 Black woman in NS wins case against discriminatory theatrediscriminatory theatre

NS enacts some protective legislationNS enacts some protective legislation

1947 South Asian and Chinese Canadians given 1947 South Asian and Chinese Canadians given the votethe vote

1948 UDHR adopted1948 UDHR adopted

UDHRUDHRMinimum standards for HRMinimum standards for HRUniversal rights declared:Universal rights declared:

Life, liberty, security of personLife, liberty, security of personProhibition of slavery and tortureProhibition of slavery and tortureFreedom of movement & residence within nation stateFreedom of movement & residence within nation stateRight to marry and own propertyRight to marry and own propertyFreedom of thought, conscience, religion, opinion and Freedom of thought, conscience, religion, opinion and expressionexpressionRight to social security, work, fair play and a standard Right to social security, work, fair play and a standard of living adequate for health and well beingof living adequate for health and well being

Sources of protectionSources of protection

United NationsUnited NationsUniversal Declaration of Human RightsUniversal Declaration of Human Rights

CanadaCanadaCharter of Rights and FreedomsCharter of Rights and FreedomsCanadian human Rights ActCanadian human Rights Act

Territories / ProvincesTerritories / ProvincesHR Acts / CodesHR Acts / Codes

1949 Japanese Canadians freed, regain 1949 Japanese Canadians freed, regain votevote

1950s most provinces prohibit religious 1950s most provinces prohibit religious discrimination in employment, housingdiscrimination in employment, housing

“human rights” in Canada means the right “human rights” in Canada means the right to be free from discriminationto be free from discrimination

“Civil & political” vs. “social & economic”“Civil & political” vs. “social & economic”

International Conventions govern nations International Conventions govern nations in the UNin the UN

1952 Immigration Acts prohibits:1952 Immigration Acts prohibits:Subversive / immoral personsSubversive / immoral personsMentally ill, epileptics, disabledMentally ill, epileptics, disabledHomosexualsHomosexualsChinese, East Indian, Black immigrationChinese, East Indian, Black immigration

1960 Canadian Bill of Rights passed1960 Canadian Bill of Rights passed

Aboriginal people on reserves can vote Aboriginal people on reserves can vote without losing statuswithout losing status

1962 ON enacts comprehensive HR code 1962 ON enacts comprehensive HR code and HR Commissionand HR Commission

1963 adoption of non1963 adoption of non--white children from white children from abroad allowedabroad allowed

First Black provincial official electedFirst Black provincial official elected

1966 White Paper eliminated race 1966 White Paper eliminated race discrimination in immigration; 10 years discrimination in immigration; 10 years more for legislation, thoughmore for legislation, though

1967 Royal Commission on Status of 1967 Royal Commission on Status of WomenWomen

1968 first Black MP; later Lt. Governor1968 first Black MP; later Lt. Governor

1971 federal Multicultural Policy unveiled1971 federal Multicultural Policy unveiled

First Jewish leader of federal partyFirst Jewish leader of federal party

1972 first black woman in elected political office1972 first black woman in elected political office

1973 SCC recognized Aboriginal “title”1973 SCC recognized Aboriginal “title”

1977 first aboriginal woman in legal profession1977 first aboriginal woman in legal profession

Canadian HR Act adoptedCanadian HR Act adopted

1981 man with cerebral palsy granted right 1981 man with cerebral palsy granted right to use thumbprint as signature in bankingto use thumbprint as signature in banking

1982 Canadian Charter of Rights and 1982 Canadian Charter of Rights and Freedoms enactedFreedoms enacted

First woman appointed to SCCFirst woman appointed to SCC

1983 boy with disability given life1983 boy with disability given life--saving saving operation over parents’ objectionoperation over parents’ objection

Person with cerebral palsy wins right to Person with cerebral palsy wins right to live free of institutionlive free of institution

1985 Indian act section repealed; women 1985 Indian act section repealed; women retain status in marriage to nonretain status in marriage to non--aboriginal aboriginal menmen

1986 Employment Equity Act passed, but not for 1986 Employment Equity Act passed, but not for federal public servicefederal public service

1987 SCC rules employers must provide 1987 SCC rules employers must provide harassmentharassment--free environmentfree environment

1988 first Aboriginal woman MP (NWT)1988 first Aboriginal woman MP (NWT)

1989 first woman to lead federal party1989 first woman to lead federal party

1990 SCC ruled freedom of expression 1990 SCC ruled freedom of expression has reasonable limitshas reasonable limits

1991 first RCMP officer with a turban1991 first RCMP officer with a turban

1992 sexual orientation “read in” to 1992 sexual orientation “read in” to Canadian HR ActCanadian HR Act

1993 first female Prime Minister1993 first female Prime Minister

1995 Employment Equity Act revised1995 Employment Equity Act revised

1996 Can. HR Act includes sexual orientation1996 Can. HR Act includes sexual orientation

1997 SCC rules deaf patients have the rights to 1997 SCC rules deaf patients have the rights to sign language interpretationsign language interpretation

Case studiesCase studies

Each small group will answer the questions for the Each small group will answer the questions for the assigned case study number. Designate a reporter to assigned case study number. Designate a reporter to

share your results with the larger group.share your results with the larger group.

1. Is this a violation of human rights, and if so, why?

2. If the individual(s) filed a complaint, what do you think a Tribunal might decide?

3. Do you know when / where in Canada’s history this occurred?

4. Other observations or reflections?

Case Study 1Case Study 1A woman working at a store was, on numerous occasions, addressed as and referred to as “kemosabe” by her boss, the part owner and general manager of the business, and his father. She asked her boss what the word meant. He replied that it meant “my friend”. She then advised her boss and his father that if they wished to call her “friend” they could use a word in the language of her first nation.

Case Study 1Case Study 1

Tribunal found she was not Tribunal found she was not discriminated against because she discriminated against because she hadn't shown she was offended by hadn't shown she was offended by the word, nor did she ask her boss to the word, nor did she ask her boss to stop using it.stop using it.Appeal court upheldAppeal court upheldSCC refused to hear appealSCC refused to hear appeal

NS, 1999

Case Study 2Case Study 2“Angela” worked at a fast food restaurant for four years, eventually becoming a Shift Co-coordinator. “Michelle” worked at the same place for five years and became Manager. New owners fired the women. Other employees heard statements from the new owners that women are too emotional to be floor mangers, and at the age of 25 should be starting families anyway.

Case Study 2Case Study 2Tribunal found sex discriminationordered compensation for lost wages & dignityBC, 2004Vol. 7, No. 6, p.4

Case Study 3Case Study 3

Some workers on a farm were excluded from a “whites only” lunchroom, forced to use sub-standard sanitary facilities, and taunted with racist insults like "Here are our monkeys" and "Blacks are pigs." They often worked 100 or more hours a week, 15 hours a day, no time-and-half, no pay on rainy days when they couldn’t work.

Case Study 3Case Study 3Total awarded to all Complainants was nearly Total awarded to all Complainants was nearly $65,000.$65,000.farm appealed the rulingfarm appealed the rulingCourt of Appeal denied the appealCourt of Appeal denied the appeal2005, Quebec2005, Quebec

Reference:Reference:

Case Study 4Case Study 4

A woman volunteered at a rape relief centre. During a training session, a facilitator discerned that she was someone who had not always been a woman. The volunteer confirmed that she had not been a woman since birth, and had been a man for the first part of her life. The facilitator asked her to leave the training session.

Case Study 4Case Study 4

Tribunal found for the ComplainantOn appeal, SC overturned1995, BC

Human Rights Digest, Vol.7, No. 1, p. 5

Case Study 5Case Study 5

At an intersection of two major streets in Ottawa, steps were built leading to impressive views of the Rideau Locks toward the Ottawa River and of Parliament. People with disabilities or who are unable to use stairs can go to a site one block away for an elevator, which leads to a different part of the park.

Case Study 5Case Study 5

Tribunal found lack of accommodation of Tribunal found lack of accommodation of people with disability.people with disability.Part of duty to accommodate is duty to Part of duty to accommodate is duty to consult.consult.Still in the worksStill in the worksVol. 7, No. 5, p. 1Vol. 7, No. 5, p. 1

True or False?True or False?Did that really happen?Did that really happen?

Is it still happening?!Is it still happening?!

True or False?True or False?

The federal government sold property owned by Canadian citizens who were being detailed under the War Measures Act – without charges having been laid against them.

TrueTrue

The federal government sold property owned by Japanese Canadian citizens who were being detailed under the War Measures Act.

True or False?True or False?

There was a campaign to identify and expel suspected homosexuals from government.

TrueTrue1950s and 1960s campaign to eliminate 1950s and 1960s campaign to eliminate homosexuals from civil service, homosexuals from civil service, RCMPRCMP, , militarymilitary“Fruit machine”“Fruit machine”substantial numbers lost their jobs, several substantial numbers lost their jobs, several suicidessuicidescut late 1960s, but investigations cut late 1960s, but investigations continued, RCMP collected files on over continued, RCMP collected files on over 9,000 suspected homosexuals9,000 suspected homosexuals

True or False?True or False?

Canada granted women the right to vote and be members of government.

FalseFalse

Female citizens over 21 could vote and be elected to ParliamentNo Senate appointmentsA 1929 decision by the SCC said women were not “persons” and therefore ineligibleThe British Privy Council overturned the SCC decision

True or False?True or False?

In the late 18th century, Aboriginal people were proclaimed to be self-governing, with their own political authority.

TrueTrue

In the late 18th century, Aboriginal people were proclaimed to be self-governing, with their own political authority.

In 1876, the Indian Act altered this.

conclusionconclusion

remindersreminders

The banquet at the DND starts at 6:30 p.m., casual dressParticipants can choose free time, or to take advantage of the tour of the Legislative Assembly scheduled from 5:00 - 6:00 p.m.Conference starts Tuesday morning at 8:30 a.m., with a continental breakfast served at 8:00 a.m.